Oh, The Courtrooms You’ll See, The Judges You’ll Meet


ComicMix’s Glenn Hauman has launched a GoFundMe appeal to help defray the legal expenses incurred defending against Dr. Seuss Enterprises’ suit to stop his project Oh, The Places You’ll Boldly Go!

The book features the writing of David Gerrold and the art of Ty Templeton. Dr. Seuss Enterprises (DSE) filed suit in 2016 claiming the publication infringed their copyright and trademark on Dr. Seuss’ Oh the Places You’ll Go! A court ruling in May 2018 disposed of DSE’s trademark claims, but the copyright claims remain to be litigated. And legal help ain’t cheap! As Hauman told me in an email —

I know that you’ve heard, I know that you know,
About “Oh, The Places
You’ll Boldly Go!”
We think it’s fair use
(although maybe we’re biased)
Not just because our
arguments are the slyest.
But we’re fighting a
company with millions of bucks
And we’ve spent most of
ours, which truly just… stinks.

If we lose, then ALL
mashups may go through the thresher
And may be deemed
infringement. (But hey, no pressure.)
The fight’s now upon
us, can’t close the barn door
Lest our loss set a
precedent tough to ignore.
And fair use gets
wrecked in a Weehawken minute
This case is important,
so we have to win it.

And there are many more stanzas in this vein at the GoFundMe page — “Help us produce FAIR USE vs. Seuss!” – which makes it worth reading for its own sake.  The epic ends with this call:

If you care about mashups and value free speech,
If you think free expression’s a value to preach
Then reach in your wallets and give what you will
And help us pay for a quite large legal bill.

Be a copyright fighter! And fight for the right
To research, report, comment, criticize, cite!
Be the fifth factor in our fair use case!
Every dollar contributed buys breathing space!
(Heck, if only this doggerel just made you laugh
Consider donating a buck and a half.)

If you can’t spare some cash, then please spread the word
Get on social media and help us get heard.

Lawsuits are scary and hard to endure,
But if you help us out, then you’re part of the cure.
And for your help countering copyright cranks,
We offer our humble and most grateful thanks.

Pixel Scroll 6/13/18 But File’s Just A Pixel And Pixels Weren’t Meant To Last

(1) WW 1984. Director Patty Jenkins and Gal Gadot tweeted today about Wonder Woman 2 — now called Wonder Woman 1984.  Jenkins’ tweet shows that Chris Pine is in the movie even though his character, Steve Trevor, was killed at the end of Wonder Woman.

(2) YOON HA LEE ON TOUR. The 1000 Year Plan is today’s stop on the “Revenant Gun Blog Tour – A Q&A with Yoon Ha Lee”.

In nearly two decades of publishing short fiction, you’ve built so many different universes and mythologies where we are only offered a glimpse of what seems like a much richer context. Most of these stories are one-offs; what was it about the Hexarchate concept that compelled you grow it into a larger epic? Have you entertained the idea of expanding on any of your other stories?

I’d been wanting to write a novel for a while, but my first substantive attempt, which I (affectionately?) call the Millstone Fantasy Novel, was ten years in the making and turned out to be fatally flawed, so I trunked it. I love space opera, though, everything from Simon R. Green’s Deathstalker books to Lois McMaster Bujold’s Vorkosigan Saga to Jack Campbell’s Black Jack Geary books, and I wanted to try my hand at it. Even then, Ninefox Gambit was originally going to be a one-off. When I came to the end, however, I realized that I had more to say about the setting and more ideas for plot. I suppose part of it’s laziness as well–having generated all those setting details, it seemed a shame not to get some more use out of them!

I’ve occasionally thought about revisiting a few of my past stories, but most of them feel complete in themselves. Especially at shorter lengths, I’m really more focused on the idea than building an elaborate world that can be explored again and again. I’m probably more likely to do something new and different to keep myself entertained.

(3) IT’S IMPOSSIBLE. In “Timothy and Babies”, Camestros Felapton and Timothy the Talking Cat get into a big brawl over terminology despite never once using the word “decimate.”

Dramatic Personae:

  • Camestros Felapton – raconteur and bon-vivant
  • Timothy the Talking Cat – a rat-auteur and bomb-savant
  • Mrs Brigsly – an inhabitant of Bortsworth and carekeeper of a baby
  • A baby – a baby of unknown provenance in the care of Mr Brisgly

[Timothy] I had to look up ‘bon-vivant’ and the dictionary did not say ‘binges on Netflix and chocolate hob-nobs’
[Camestros] It is more of an attitude than a strictly prescribed lifestyle.
[Timothy] and I’m the one who tells anecdotes in a ‘skilful or amusing way’
[Camestros]…well…
[Timothy] It cleary says “OR”!
[Camestros] Let’s change the subject shall we? I’m already on the sixth line of dialogue, I’m not going back and changing the list of characters now.

(4) QUESTION AUTHORITY. Rachel Swirsky speaks up: “In Defense of ‘Slice of Life’ Stories”.

Many poems attempt to communicate an impression or an emotion. A poem about nature might not be intended to communicate “here is an intellectual idea about nature,” but instead “this is what it looked like through my eyes” and “this is how it felt.” Fine art landscapes can be like that, too. They depict a place at a time, both transient, through the eye of the painter (where the eye of the painter may figure more or less into the image, depending on whether it’s a realistic painting, etc).

What this makes me wonder is–why are we so dismissive of this in fiction? Plots are excellent; ideas are excellent. But what’s so wrong with a slice of life, that we refer to it with distaste? Why can’t fiction be about rendering transient, momentary emotions? Why do we demand they always be in the context of a plot?

(5) A GOOD EXAMPLE. Tor.com’s Leah Schnelbach tells “How Ann Leckie’s Ancillary Justice Avoids the Dreaded Infodump”.

…In the interest of slaying this monster, I’m going to walk you through the opening pages of Ann Leckie’s Hugo Award-winning Ancillary Justice—which gives the reader the perfect amount of info, without becoming too dumpy.

Think of this like going on a date, or grabbing coffee with a new friend—you give a few details, sure, but you don’t narrate a bullet list of your whole life. When you’re writing, you’re on a date with your reader. Ideally, your story will charm them enough that they lose track of time and hang out with you until you both suddenly realize that the restaurant has closed, all the other diners have left, and an annoyed busboy has to unlock the front door to let you out.

To get a feel for how to include lots of worldbuilding without killing your story’s momentum, let’s look at an example of a great opening. The first four pages of Ancillary Justice introduce us to a mysterious narrator, a harsh world, and two different conflicts right away, all while seeding in enough questions about the book’s world to keep us turning pages. You can read the first chapter over on NPR; below, I’ll pull the text apart (roughly half of NPR’s excerpt) paragraph by paragraph and unpack how and why it works.

(6) STAN LEE NEWS. The Hollywood Reporter says “Stan Lee Granted Restraining Order Against Business Manager, LAPD Investigating Claims of Elder Abuse”.

The move comes two days after Keya Morgan was arrested on suspicion of filing a false report to police.

Stan Lee on Wednesday filed for a restraining order against the man he said last week was the only person who was handling his affairs and business, Keya Morgan, a Los Angeles Superior Court media relations rep confirmed to The Hollywood Reporter.

Lee was granted a temporary restraining order against Morgan, authorities told THR. The request for a permanent order is 43 pages long. A court date to decide that request is set for July 6.

The restraining order request was filed two days after Morgan was arrested on suspicion of filing a false report to police. Morgan was released from jail on $20,000 bail.

The LAPD is investigating reports of elder abuse against Lee. The investigation began in February, but only became public knowledge Wednesday.

(7) WELDON ON INCREDIBLES 2. NPR’s Glen Weldon says: “Retrofuturistic ‘The Incredibles 2’ Is More Retro Than Futuristic”.

Brad Bird’s virtuosic 2004 animated movie The Incredibles is the best superhero film that has ever been made and is likely the best superhero film that ever will be made.

This is a fact — a cold, hard one. The massive, resolute, essential truth of this fact is abiding and irresistible and immovable; it possesses its own magnetic field, its own solar day….

The villain — a mysterious masked figure known as the Screenslaver, who uses television to control the minds of hapless citizens (and heroes) — arrives with a villainous manifesto, albeit a slightly muddier one than that of the first film’s nemesis. And that same conceptual muddiness, a byproduct of the sequel’s need to expand on and complicate the world of the first film, seeps slowly into the entire film.

(8) KNOCK IT OFF. Another response to abusive Star Wars fans — “John Boyega tells Star Wars fans to stop harassing cast”.

Star Wars actor John Boyega has urged fans of the franchise to stop harassing the cast on social media.

His comments came after two co-stars, Daisy Ridley and Kelly Marie Tran, quit Instagram after receiving online abuse.

The actor, who plays Finn, tweeted: “If you don’t like Star Wars or the characters, understand that there are decisions makers [sic] and harassing the actors/actresses will do nothing.”

(9) TODAY IN HISTORY

  • June 13, 1953The Beast From 20,000 Fathoms was released theatrically.

(10) TODAY’S BIRTHDAYS

  • Born June 13 – Malcolm McDowell, 75. Alex in A Clockwork Orange of course but King Arthur in Arthur the King, Dr. Miles Langford in Class of 1999, Soran in Star Trek: Generations, Arcady Duvall in the Jonah Hex episode of Batman: The Animated Series, Mr. Roarke, The Host, in the second Fantasy Island series, and far, far took many other roles to note here.
  • Born June 13 – Tim Allen, 65. Galaxy Quest’s Jason Nesmith and Toy Story’s Buzz Lightyear.
  • Born June 13 – Ally Sheedy, 56. In X-Men: Apocalypse  Scott’s Teacher as Scott’s Teacher.
  • Born June 13 – Chris Evans, 37. Various Marvel films including of course The Avengers and Thor.
  • Born June 13 – Aaron Taylor-Johnson, 28. In Avengers: Age of Ultron  as Pietro Maximoff / Quicksilver,

(11) COMICS SECTION.

(12) PURE IMAGINATION. The Washington Post’s John Kelly asks “Are cartoon characters on lottery scratch-off tickets a way to lure young gamblers?”. The journalist investigates the Willy Wonka Golden Tickets currently being sold by the Maryland Lottery, and is told by Maryland Lottery and Gaming Control Agency director Gordon Medenica that they aren’t trying to get kids hooked on lottery tickets because Willy Wonka “has almost zero resonance with children today.”

To put it another way: Are colorful, cartoonish Racing Presidents and Willy Wonka scratchers the alcopops and fruit-flavored vape pens of the lottery world?

I contacted the two lottery agencies and they said no. Oh, good, okay then. .?.?.

But, you know, let’s explore this a little more.

Gordon Medenica, director of the Maryland Lottery and Gaming Control Agency, said he was actually a little reticent when first approached by the company that created the Willy Wonka scratch-off, Scientific Games of Las Vegas.

“Frankly, we avoided it for some period of time,” he said. “My concern was still mainly just a personal thing: Isn’t this a children’s brand? Shouldn’t we be avoiding something like this?”

What changed Medenica’s mind were assurances from Scientific Games that Willy Wonka was no longer a children’s character. Many casinos, they reminded him, have Willy Wonka-branded slot machines.

“The adults who play the games have a fond memory of that movie, but in fact it has almost zero resonance with children today, oddly enough,” Medenica said.

(13) MOAT NOT INCLUDED. One of Mike Kennedy’s local news feeds (WAFF TV) alerted him to the availability of some prime unreal estate: “You can own this castle in Georgia for less than $1 million”.

Kennedy says there is a Zillow listing for the residence in question:

This 57,000 sq.ft. castle is in Menio GA — that’s near the state line with Alabama but not terribly near any sizable city. By road, it’s about 100 miles NW of Atlanta, about 50 miles SSW of Chattanooga TN, and a little over 100 miles NE of Birmingham AL. From my home (Huntsville AL), I’d have to travel over 80 miles EbS — part of it through some seriously back-country roads across the Cumberland Plateau.

The owner has dropped the asking price from $1,500,000 to a mere $999,999 (it’s been on Zillow for over 1000 days, after all). Earlier in the decade it was listed for as much as $5,9000,000. It has 30 bedrooms; 15 bathrooms; and sits on almost 250 acres.

Only 18,000 sq.ft. of the 57,000 sq.ft. floor space is finished, but Zillow says materials are on site to finish out most of the rest. Only some of the exterior stonework is installed. Think of it as your own little fixer upper. (You should be handy with a backhoe if you want to extend the ceremonial water feature in front to a full moat.)

(14) NO FALL OF MOONDUST. Figuratively speaking, this genie is still in the bottle. Now, who gets to keep the bottle? Yahoo! News has the story — “Woman Says Neil Armstrong Gave Her A Vial Of Moon Dust, Sues NASA To Keep It”.

A Tennessee woman is proactively suing NASA to keep what she says is a vial of moon dust gifted from astronaut Neil Armstrong.

Laura Cicco said Armstrong was a family friend, and that her mother gave her a tube of priceless lunar particles when she was 10, along with a note that read: “To Laura Ann Murray — Best of Luck — Neil Armstrong Apollo 11

Cicco told The Washington Post she kept Armstrong’s autograph in her bedroom but didn’t see the dust until she was going through her parents’ possessions five years ago.

NASA has not confiscated the vial, but Cicco says she doesn’t want the space agency to take it, so she filed a lawsuit on Wednesday to proactively assert her rights.

It might seem strange to sue at this point, but proactive law maintains that in some cases, such as those involving trademarks, contracts, and potential disputes, it is easier, cheaper and faster to address problems before they happen instead of reacting to them.

(15) BLOWN UP, SIR. Strange Angel premieres tomorrow, and I don’t remember linking to it before.

Watch the official trailer for Strange Angel, premiering June 14th, exclusively on CBS All Access. Strange Angel, a drama series created by Mark Heyman (Black Swan, The Skeleton Twins) and based on George Pendle’s book of the same name, is inspired by the real life story of Jack Parsons and explores the dramatic intersection between genius and madness, science, and science fiction.

 

(16) NOT EXACTLY AMAZING. After you read Galactic Journey’s review, you probably won’t jump into your time machine to look for a 1963 newsstand where you can buy this issue: “[June 13, 1963] THUD (the July 1963 Amazing)”.

Jack Sharkey’s serialized novella The Programmed People, which concludes in this July 1963 Amazing, describes a tight arc from mediocre to appalling and lands with a thud….

(17) BRADBURY CALLING. This is from a column by Nilanjana Roy called “When Books Are Burned” in the Financial Times (behind a paywall).

Fahrenheit 451 began in 1951 as a novella called The Fireman. Bradbury set down 25,000 words in nine days, renting a desk in the typing room in the basement of the UCLA library.  He wrote to a fan in 2006, ‘How could I have written so many words so quickly?  It was because of the library.  All of my friends, all of my loved ones, were on the shelve above and shouted, yelled, and shrieked at me to be creative…You can imagine how exciting it was to do a book about book burning in the very presence of hundreds of my beloveds on the shelves…’

…What he (Bradbury) anticipated, even in the pre-Internet, pre-Twitter, pre-WhatsApp 1950s, was the time we’ve reached–an age of manic consumption of a constant stream of often useless information.  For Bradbury, what was terrifying was not just the burning of books, it was the way in which people were prepared to turn against those who refused to sup at the same shallow pools, to persecute those who step away from the stream.

Re-reading Fahrenheit 451 decades after I’d first read it as a teenager, I heard Bradbury’s plea far more clearly.  In a world gone mad from too much junk, don’t forget reading, or books, or the necessaity of slow conversations and contemplative silence in a time of howling mobs and incessant noise.

(18) GENRE INTEREST LIBERALLY CONSTRUED. Hey, is this an appropriate headline, or what? USA Today reports that a “Kickstarter aims to make Ruth Bader Ginsburg into action figure”.

If you’ve ever wanted an action figure of Supreme Court Justice Ruth Bader Ginsburg, your chance is coming.

FCTRY, a product incubator, kicked off a crowd fundraiser on Tuesday to raise the money to create an action figure of the 85-year-old associate justice.

It gave itself 35 days to raise its $15,000 goal on Kickstarter. As of Tuesday evening, just hours after launch, the company had raised more than $67,000.

(19) DUMBO TRAILER. Now out –  the teaser trailer for Tim Burton’s all-new live-action Dumbo, coming to theatres March 2019.

From Disney and visionary director Tim Burton, the all-new grand live-action adventure “Dumbo” expands on the beloved classic story where differences are celebrated, family is cherished and dreams take flight. Circus owner Max Medici (Danny DeVito) enlists former star Holt Farrier (Colin Farrell) and his children Milly (Nico Parker) and Joe (Finley Hobbins) to care for a newborn elephant whose oversized ears make him a laughingstock in an already struggling circus. But when they discover that Dumbo can fly, the circus makes an incredible comeback, attracting persuasive entrepreneur V.A. Vandevere (Michael Keaton), who recruits the peculiar pachyderm for his newest, larger-than-life entertainment venture, Dreamland. Dumbo soars to new heights alongside a charming and spectacular aerial artist, Colette Marchant (Eva Green), until Holt learns that beneath its shiny veneer, Dreamland is full of dark secrets.

 

(20) VIDEO OF THE DAY. Fish With Legs is a Screen Australia cartoon on Vimeo, directed by Dave Carter, about what happened when all the fish in Australia suddenly sprouted legs!

[Thanks to John King Tarpinian, Chip Hitchcock, JJ, Cat Eldridge, Andrew Porter, Mike Kennedy, Martin Morse Wooster, and Carl Slaughter for some of these stories. Title credit goes to File 770 contributing editor of the day Jack Lint.]

Pixel Scroll 6/5/18 Scroll Is A Pixel, And I Want My Money Back

Brian Keene. Photo by Scott Edelman.

(1) BRIAN KEENE BURN INJURY. Horror author and podcaster Brian Keene is hospitalized, reports Stephen Kozeniewski, who has started a “Brian Keene Burn Fund” at GoFundMe:

On June 5, 2018, author, podcaster, philanthropist, and father Brian Keene was badly burned in an accident.  At this time he is conscious and in good spirits but has first degree burns on his face and second degree burns on his body.

As a freelance author, Brian does not have health insurance.  We’re not sure at this time how long he’ll be in treatment, or how much the bill will be, but any visit to the hospital is expensive, and will only be compounded by lost wages from not being able to work.

We’re asking the community of writers, horror fans, and just decent human beings in general to chip in a few dollars to help get Brian back on his feet and spending time with his loving girlfriend and sons.  We’d be very grateful for anything you can afford to contribute.

The appeal has raised $14,415 of its $15,000 goal in the first four hours online.

Keene co-hosts of The Horror Show with Brian Keene. Last May, they held that 24-hour telethon and raised roughly $21,000 in support of Scares That Care.

Kozeniewski added in an update, “What we know right now is that the wind shifted while Brian was burning brush.”

(2) ALL YOUR COMIC CONVENTION ARE BELONG TO US. Those lovable knuckleheads who run San Diego Comic-Con International would like a federal judge to award them several million dollars in attorney fees after winning their lawsuit against the Salt Lake Comic Con. Courthouse News has the story: “San Diego Comic-Con: ‘Comic Convention’ Is Ours”.

…U.S. District Judge Anthony Battaglia heard a host of posttrial motions Thursday, including San Diego Comic-Con’s request for over $4.5 million in attorney fees which have already been paid in full.

San Diego Comic-Con attorney Callie Bjurstrom with Pillsbury Law told Battaglia Thursday he should find the case is “exceptional” so that attorney fees and costs can be awarded.

“This was a very expensive case; the reason this case was so expensive was because of defendants and their counsel and the way they litigated this case,” Bjurstrom said.

She pointed out Brandenburg testified at trial he knew about San Diego Comic-Con’s trademarks but still used “Comic Con” to name his Utah convention. Bjurstrom said the Salt Lake owners engaged in a “public intimidation campaign” once San Diego Comic-Con sent them a cease-and-desist letter to stop infringing the trademark and that Salt Lake’s attorneys filed meritless motions, “flip-flopped” on legal theories and violated court orders throughout the three-year litigation.

“If this case isn’t exceptional, I don’t know what is,” Bjurstrom said.

San Diego Comic-Con also asked Battaglia to permanently bar the Salt Lake convention from using its trademarks, arguing its reputation has been irreparably harmed by the confusion to consumers.

During the trial, San Diego Comic-Con presented evidence its attendees had contacted its employees about the Salt Lake convention, believing the two events were associated.

But San Diego Comic-Con’s request went a step further than simply asking Battaglia to enjoin the Salt Lake convention operators from infringing its trademarks: it asked the judge to bar the Salt Lake convention from using the words “comic convention” or phonetic equivalents to “Comic Con” or “comic convention.”

Bjurstrom said the injunction should include any spelling variation on “Comic Con” which is pronounced the same as the San Diego trademark, including spelling it with a “K” or “Kahn.”

“Whether you spell Comic Con with a ‘C’ or a ‘K’, it’s pronounced the same. It is exactly the same when you say it,” Bjurstrom said.

San Diego Comic-Con also asked the judge to order the Salt Lake operators to destroy marketing and advertising materials which make reference to “Comic Con” and to cease operating websites and social media accounts which reference the trademark.

Battaglia took the motions under submission and will issue a written order.

(3) WIKIPEDIA. Juliet McKenna asks “What can SFF fandom do about the inherent bias of Wikipedia?”. The author looked into the question because the Wikipedia entry about her was flagged for deletion, on grounds that she is not sufficiently notable:

It seems Wikipedia is aware of its systemic bias, as detailed in this article. Read this, and related pieces, and I imagine many of you will note, with the weary contempt of familiarity, the repeated insistence that it’s up to women themselves, and other under-represented groups to do all the hard work here. Though I haven’t found anything addressing the issue I raise above, explaining what we’re expected to do when sufficient acceptable citations simply do not exist, and those references that do exist are not deemed acceptable. Absence of evidence is not evidence of absence.

On the plus side, I have learned that there are dedicated groups of female and other special-interest Wikipedians spending considerable time and effort updating and expanding pages, intent on correcting this bias. Mind you, I also learned their work is frequently challenged and even undone by other Wikipedians applying the all too prevalent and far too often white western male logic of ‘not of interest to me personally = not of interest to anyone’. And of course, such challenges can very easily be a thinly veiled cover for actively discriminatory behaviour. Having read the Wikipedia page on handling tendentious editing, I am not in the least reassured that this is in any way satisfactorily addressed.

(4) LUCRATIVE SFF AUCTION. Fine Books & Collections was standing by the cash register: “Sci-fi from the Stanley Simon Estate Breaks Records in Swann Literature Auction”.

Science fiction ruled on May 15 at Swann Galleries’ auction of 19th & 20th Century Literature. Selections from the Estate of Stanley Simon, featuring 84 rare and first editions of cornerstones of the genre, boasted a 98% sell-through rate. All of the offered titles by Isaac Asimov, Ray Bradbury, Philip K. Dick and Stephen King sold, with many achieving auction records.

Leading the pack was a signed first edition of Dick’s dystopian novel The Man in the High Castle, 1962, which was purchased by a collector for $10,400, above a high estimate of $6,000, a record for the work. Another record was achieved by a signed first edition of Ubik, 1969, at $5,500, while the auction debut of the rare galley proofs for Valis, 1981, reached $5,000.

Simon had acquired several uncorrected proofs of important works, none of which had previously appeared at auction. While not strictly science-fiction, material by Stephen King outperformed in this category. The highlight was the presentation copy of an uncorrected proof of The Stand, 1978, which sold to a collector for $9,100. Also available were one of apparently 28 copies of proofs of King’s The Shining, 1977, inscribed, which sold for five times its high estimate for $6,250, and the complete six-volume set of uncorrected proofs of King’s The Green Mile, 1996, exceeded its $1,200 high estimate to sell for $5,200.

Another highlight from the Simon estate was the complete Foundation trilogy, 1951-53, by Isaac Asimov. Together, the three signed first editions achieved an auction record of $9,750. Also by Asimov, a signed first edition of I, Robot, 1950, reached $6,250, above a high estimate of $3,500. Important editions of Ray Bradbury’s magnum opus Fahrenheit 451, 1953, were led by the limited author’s edition personally inscribed to Simon ($7,500). The popular asbestos-bound edition reached $5,200. All six editions offered were purchased….

(5) LE GUIN’S LAST EARTHSEA STORY. The Paris Review has a story by Ursula K. Le Guin. And not just any story, but a final Earthsea tale, written a year before her death. (So I’m guessing it’s the last one.)

He was thinking of Lookfar, abandoned long ago, beached on the sands of Selidor. Little of her would be left by now, a plank or two down in the sand maybe, a bit of driftwood on the western sea. As he drifted near sleep he began to remember sailing that little boat with Vetch, not on the western sea but eastward, past Far Toly, right out of the Archipelago. It was not a clear memory, because his mind had not been clear when he made that voyage, possessed by fear and blind determination, seeing nothing ahead of him but the shadow that had hunted him and that he pursued, the empty sea over which it had fled.

(6) BUMBLEE TRAILER. This movie will be in theaters at Christmas.

Every adventure has a beginning. Watch the official teaser trailer for Bumblebee, starring Hailee Steinfeld and John Cena.

 

(7) TODAY’S BIRTHDAY PRODUCER

  • Born June 5, 1953 – Kathleen Kennedy

(8) IT’S A JUNGLE OUT THERE. Of possible interest to Sarah Gailey fans (because of a hippo reference) is this segment from the June 3 episode of HBO’s Last Week Tonight, on the subject of guardianship for the elderly. The relevant portion starts at about the 13:20 mark. That’s where John Oliver introduces a new PSA on the subject, starring several celebrities – including William Shatner.

(9) DOG DAYS. This perfect poem inspired a thread of deep appreciation for the artist…

(10) DINO APPRECIATION SUMMIT. Chuck Tingle and Jeff Goldblum had an internet encounter —

(11) WALL POLITICS. And they’ll make the schwein pay for it. (Oh, wait, that’s something else….) “Denmark backs fence on German border to keep out wild boar”.

Denmark’s parliament has voted to build a 68-km (42-mile) fence along the border with Germany in a bid to protect the pork industry from the spread of African swine fever.

The vote aimed at keeping out wild boar is controversial for several reasons.

Environmental campaigners doubt it will stop the animals entering Denmark, while others say Germany has no trace of the virus.

Some in Germany have condemned the move as gesture politics.

Work on constructing the fence is unlikely to start until autumn, after an assessment by Denmark’s environmental protection agency.

(12) MORE WALL POLITICS. Security décor from another era: “The 12 best posters from the very odd NSA archive”.

Long before it was at the centre of a huge spying scandal, the US National Security Agency had the communist threat to deal with – and wanted to make sure its staff did not spill secrets.

A vast archive of posters, apparently for display at the spy agency’s offices, has been posted online thanks to a freedom of information request from governmentattic.org.

The website asked for “a digital/electronic copy of the NSA old security posters from the 1950s and 1960s”, although confusingly it also got one featuring John Travolta.

Here are some of our favourites. The full, 139-page document, can be found here.

(13) CASTLE COCKY. More trademark hoo-hah: “Rapunzel, Rapunzel let down your trademark restrictions”.

Rapunzel, the long-haired maiden locked in a tower by an evil witch, has been immortalized in countless bedtime stories and adaptations, from the Brothers Grimm to Disney. There is even a teenage rapper who goes by the name RapUnzel.

Now, a private company wants to lock the princess’s name in a castle fortified by United States trademark law.

But this attempt to register the trademark for the name Rapunzel has unleashed fervent opposition, not from Hasbro or Mattel, but from an impassioned group of Suffolk University Law School professors and students.

(14) DINO DUBIOSITY. The BBC asks “Does Jurassic Park make scientific sense?” Can you guess the answer? I knew you could…

In 1993, Steven Spielberg’s film Jurassic Park defined dinosaurs for an entire generation.

It has been credited with inspiring a new era of palaeontology research.

But how much science was built into Jurassic Park, and do we now know more about its dinosaurs?

As its 25th anniversary approaches, visual effects specialist Phil Tippett and palaeontologist Steve Brusatte look back at the making of the film, and what we’ve learned since.

So, first of all, what did Jurassic Park get wrong? It started off by inheriting some complications from Michael Crichton’s novel, on which the film was based.

“I guess Cretaceous Park never had that same ring to it,” laughs Brusatte.

“Most of the dinosaurs are Cretaceous in age, that’s true.”

(15) SWEET WRITING. Cat Rambo tasted these chocolate bars for Green Man Review: “Chuao Chocolatier’s Chocolate Bars with All the Add-ins”.

Here in America we like our add-ins, ice cream and candy full of other candy, nuts, random sweets, and sometimes savories. Chuao (pronounced Chew-WOW) has a shelf-load of such, chocolate bars with all the goodies, created by Venezuelan chef Michael Antonorsi.

Most of the bars I tried were terrific but some are more successful than others. Idiosyncrasies of taste may make a difference; when I tweeted about the one I really disliked, someone mentioned that was their favorite, and bemoaned not being able to find it. And it’s not entirely fair to stack dark chocolate up against milk, particularly given that my sweet tooth resembles that of a six-year-old’s. Still, I present them in order of how much I liked them, from most to least.

First up, the “Baconluxious”. Described as “delicate maple sweetness, a sprinkle of bonfire smoked sea salt and crispy, uncured bacon in milk chocolate.” This had a nice aroma and when tasted, an immediate smoothness to its mouth feel, followed by a wash of saltiness and not-unpleasant grittiness before the final bacon note, leaving just a few salt crystals to be crunched between the tooth and savored. This was delicious to the point where I thought I would and then did readily pick one of these up again. And probably will again and again….

(16) A BOY AND HIS ROBO DOG. The AXL Official Trailer came out recently.

In the vein of classic ‘80s family movies SHORT CIRCUIT and FLIGHT OF THE NAVIGATOR, A.X.L. is a new adventure about a down-on-his luck teenage bike rider, Miles (Alex Neustaedter), who stumbles upon an advanced, robotic, military dog named A.X.L. Endowed with next-generation artificial intelligence but with the heart of a dog, A.X.L. forms an emotional bond with Miles, much to the chagrin of the rogue military scientists who created A.X.L. and would do anything to retrieve him. Knowing what is at stake if A.X.L. gets captured, Miles teams up with his smart, resourceful crush, Sara (Becky G), to protect his new best friend on a timeless, epic adventure for the whole family.

 

[Thanks to John King Tarpinian, Robin Reid, Cat Eldridge, JJ, Jonathan Cowie, Martin More Wooster, Chip Hitchcock, K.M.  Alexander, Rev. Bob, Dann, Mike Kennedy, Michael D. Toman, Carl Slaughter, Steve Johnson, and Andrew Porter for some of these stories. Title credit goes to File 770 contributing editor of the day Stoic Cynic.]

Pixel Scroll 5/29/18 The Future Is Pixelled, It’s Just Not Evenly Scrolled

(1) HUGO VOTER PACKET. Members can access the 2018 edition: “2018 Hugo Awards Voter Packet Now Available”.

Worldcon 76 has issued the 2018 Hugo Awards Voter Packet, a collection of finalists for the 2018 Hugo Awards made available to members of Worldcon 76 to assist them in making informed decisions when voting on this year’s Hugo Awards. The packet is available for download from the Worldcon 76 Hugo Awards website in the “Hugo Voter Packet” section. Members of Worldcon 76 can sign in using their Hugo Award voting credentials that were sent to them when the final Hugo Award ballot was issued.

Only members of Worldcon 76 can access the 2018 Hugo Award Voter Packet and vote on the 2018 Hugo Awards.

…Worldcon 76 will shortly send an announcement regarding the availability of the Hugo Voter Packet to all members who registered their e-mail address with the convention. This mailing will include a copy of the member’s voting credentials (membership number and voting PIN). Members can request a copy of their credentials using the 2018 Hugo Awards PIN lookup page.

A 1943 Retro-Hugo Voter Packet is in preparation.

(2) “SNAPE” MEMORABILIA TO AUCTION. You Alan Rickman fans should get ready to empty your money belts. Taryn Ryder, in the Yahoo! Entertainment story “Alan Rickman’s frustrations playing Snape in ‘Harry Potter’ revealed in personal letters” says the actor’s archive is about to be auctioned off by Neil Pearson Rare Books for 950,000 pounds, which includes many Harry Potter collectibles, including Rickman’s annotated copies of Potter scripts, as well as scripts for other films and plays Rickman was in, like Die Hard.

Rickman — who died of cancer in 2016  — helmed the role in all eight films from 2001 to 2011.

One letter is from producer David Heyman, who sent Rickman a thank-you note after 2002’s Harry Potter and the Chamber of Secrets. “Thank you for making HP2 a success,” it reads. “I know, at times, you are frustrated but please know that you are an integral part of the films. And you are brilliant.”

 

(3) MORE ON WISCON. From S. Qiouyi Lu. Thread starts here:

(4) CODES OF CONDUCT ELSEWHERE. According to Business Insider, “Programmers are having a huge debate over whether they should be required to behave respectfully to each other”. A lot of the objections are still current events in the Vox Popoli comment section, but not in most parts of fandom.

Last week, a software engineer publicly quit a very popular open-source project, setting off a firestorm of debate within the programming world.

Programmers are arguing about whether they should have to agree to a community code of conduct that requires them to behave respectfully.

They are also arguing about whether programs that aim to increase participation from underrepresented groups are “racism.”

The debate began on Wednesday when a developer named Rafael Avila de Espindola quit the LLVM Compiler Infrastructure Project, to which he had been a major contributor over the past decade.

Avila outlined several of his frustrations with the group but said he quit because it was requiring him to agree to a community code of conduct to attend its conference.

That code of conduct basically says the group is open to people from all walks of life and expects its members to be courteous.

Avila also said he was unhappy that the project had decided to accept an intern from a group called Outreachy, which offers paid internships to women, LGBTQ folks, African-Americans, people with Hispanic or Latin heritage, and those with indigenous American ancestries.

In other words, the internships are for people in underrepresented gender and racial groups in the programming/open-source worlds; white men and Asian men are the two groups best represented in tech, diversity reports have found.

…Despite that kind of rancor, large open-source communities and conferences are increasingly adopting community codes of conduct.

And for good reason — the open-source world has a reputation for aggressive, rude, and intimidating behavior.

In 2013, Linus Torvalds, the creator of Linux and the god of open-source programming, was called out for profanity-laced rants on the Linux email lists, which set the tone for the open-source world.

He and the Linux community did an about-face — sort of — in 2015, telling members that their work would be criticized but asking them to “be excellent to each other” and to feel free to report abuse.

(5) ERASURE FIGHTER. James Davis Nicoll’s personal Episode VII appears on Tor.com — “Fighting Erasure: Women SF Writers of the 1970s, Part VII”.

At this stage of James’ Tour of Disco-Era Women SF Authors, we have reached M. Certain letters are deficient in authors whose surnames begin with that particular letter. Not so M. There is an abundance of authors whose surnames begin with M. Perhaps an excess. In fact, there are more authors named Murphy than the authors I listed whose names begin with I….

Sondra Marshak is best known for her Star Trek-related activity. Star Trek, an American science fiction television show akin to Raumpatrouille—Die phantastischen Abenteuer des Raumschiffes Orion, was cancelled after seventy-nine episodes in the mid-1960s. An anthology of original stories commissioned a decade after a show’s cancellation seems unthinkable and yet in 1976, Marshak and Myrna Culbreath’s co-edited collection, Star Trek: The New Voyages, was published by Bantam Books, soon followed by Star Trek: The New Voyages 2. This suggests that the show’s fandom managed to survive the show’s demise. Perhaps some day there will be a revival of this venerable program—perhaps even a movie!—although I must caution fans against getting their hopes up…

Fans of John Scalzi’s Redshirts may find the New Voyages story “Visit to a Weird Planet Revisited” of interest, as yet another example of science fiction authors independently hitting on very similar ideas.

(6) KGB. Fantastic Fiction at KGB reading series hosts Ellen Datlow and Matthew Kressel present Mary Robinette Kowal and Lawrence C. Connolly on Wednesday, June 20, 7 p.m. at the KGB Bar (85 East 4th Street, just off 2nd Ave, upstairs) in New York.

Mary Robinette Kowal

Mary Robinette Kowal is the author of historical fantasy novels: Ghost Talkers, and The Glamourist Histories series and the forthcoming Lady Astronaut duology. She is also a three time Hugo Award winner and a cast member of the podcast Writing Excuses. Her short fiction appears in The Magazine of Fantasy and Science FictionTor.com, and Asimov’s. Mary, a professional puppeteer, lives in Chicago. Visit her online at maryrobinettekowal.com.

Lawrence C. Connolly

Lawrence C. Connolly is one of the writers for the anthology film Nightmare Cinema, premiering next month at the Fantasia Film Festival in Montreal. Produced by Mick Garris, the movie goes into wide release later this year. Connolly’s books include the Stoker finalist Voices (scheduled for re-release this summer), This Way to Egress, and Veins. More at LawrenceCConnolly.com.

(7) FUNDRAISER. Tessa B. Dick is trying to raise $5,000 through YouCaring to “Keep my home”. She’s got $4,205 in contributions as of this writing. Her May 28 update said:

I really need your help, or I am not going to make it. I don’t know how to explain that I can’t sleep because every time I close my eyes, I see that gang banger with a knife to a boy’s throat. I can’t go anywhere because every time I walk out the door, I see his gangster buddies coming after me because my testimony put their buddy in prison. I got crisis counseling and I coped for twelve years, but I can’t cope any more. I went through major forest fires in 2003 and 2008, a severe burn to my foot in 2007, a head injury in 2010, a broken leg in 2012, and more stress than I can describe. I got a settlement for the head injury that didn’t even cover my medical bills, which is why I had to go bankrupt.

I should qualify for disability, based on my severe weight loss alone, but they keep turning me down. My only hope is to get this house in good enough shape to get a reverse mortgage.

(8) GAME MAN. Rich Lynch was tuned into tonight’s Jeopardy! In the category “Award Winning Books” one of the answers was:

(9) TRIVIAL TRIVIA.

Crayola crayons’ distinctive smell — ranked 18th in a list of the 20 most identifiable  smells in a 1982 Yale University study — is largely due to the stearic acid used to make the waxy consistency. Stearic acid is a derivative of beef fat.

Source: Mental Floss

(10) TODAY’S BIRTHDAY

  • Born May 29, 1906 — T.H. White, best known for his Arthurian novels including The Sword in the Stone

(11) COMICS SECTION.

  • JJ finds Tolkien and Middle-Earth deconstructed in Existential Comics’ “Council of Elrond”.
  • John King Tarpinian found one voter’s party preference was not all that surprising in Bizarro.

(12) THE OLD STOMPING GROUNDS. ExCeL, the site of the 2014 London Worldcon (aka Loncon 3), was the host site of MCM Comic Con this past weekend (25–27 May 2018). Newham Recorder has the story: “Superheroes and spandex squeeze into ExCeL for MCM London Comic Con”

Tens of thousands of pop culture buffs took a pilgrimage to the ExCeL this bank holiday weekend for the UK’s largest comic book convention.

…Monolithic entertainment brands seemed keen to continue cashing in on the nerd demographic, wheeling out a long list of stars for the event, including Black Panther’s Letitia Wright, The Defenders’ Rosario Dawson and Khary Payton and Cooper Andrews from zombie series The Walking Dead.

(13) MAINSTREAMING FAN REFERENCES. Karl-Johan Norén found a “Sign that the Hugo awards and sf fandom is, or at least is becoming, mainstream: we are used in a joke but not as the butt of it” in NewsThump’s headline “UK Brexit proposals nominated for Hugo Award in Fantasy category”.

(14) FINGERPRINTS ALL OVER IT. BBC reports “Fortnite sued for ‘copying’ rival game PUBG”.

The makers of Fortnite, one of the world’s most popular video games, have been accused of copying rival title PlayerUnknown’s Battlegrounds (PUBG).

The studio behind PUBG has asked a court in South Korea to determine whether Epic Games copied its intellectual property.

Fortnite and PUBG have both attracted millions of gamers with their huge “last player standing” online battles.

Epic Games has not yet commented on the lawsuit.

PUBG was first released in March 2017. It was inspired by the Japanese thriller film Battle Royale, in which a group of students is forced to fight to the death by the government.

In PUBG, up to 100 players parachute on to an island, search for weapons and kill one another until only one player remains.

Fortnite was first released in July 2017 but its Battle Royale mode was not added until September 2017.

(15) WARPED TRUTH. The Defense Intelligence Agency (DIA) recently released a 2010 study document entitled “Warp Drive, Dark Energy, and the Manipulation of Extra Dimensions” [PDF file]. The report was originally marked Unclassified, but For Official Use Only (U/FOUO) and was publicly posted by (among others) by KLAS-TV, the Las Vegas NBC affiliate (“I-Team: Documents prove secret UFO study based in Nevada”).

So, does the document provide a roadmap to a working warp drive engine? Probably not, according to at least one physicist. Quoting a Science Alert article “The US Military Has Released a Mysterious Report on ‘Warp Drives’. Here’s What Physicists Think About It”:

The authors suggest we may not be too far away from cracking the mysteries of higher, unseen dimensions and negative or “dark energy,” a repulsive force that physicists believe is pushing the universe apart at ever-faster speeds.

“Control of this higher dimensional space may b? ? source of technological control ?v?r the dark energy density and could ultimately play ? role in the development of exotic propulsion technologies; specifically, ? warp drive,” the report says, adding: “Trips to the planets within our own solar system would take hours rather than years, and journeys to local star system would be measured in weeks rather than hundreds of thousands of years.”

However, Sean Carroll, a theoretical physicist at Caltech who studies and follows the topics covered by the report, had a lot of cold water to pour on the report’s optimism.

“It’s bits and pieces of theoretical physics dressed up as if it has something to do with potentially real-world applications, which it doesn’t,” Carroll said.

“This is not crackpot. This is not the Maharishi saying we’re going to use spirit energy to fly off the ground – this is real physics. But this is not something that’s going to connect with engineering anytime soon, probably anytime ever.”

(16) THE VASTY FIELDS OF GALLIFREY. Io9’s James Whitbrook advises everyone about “The Best Stories to Watch During Twitch’s Absurdly Ginormous Classic Doctor Who Marathon”.

Today, Twitch begins a seven-week endurance run/celebration of all things old-school Doctor Who, live streaming over 500 episodes worth of adventures in Time and Space. Unless you happen to have seven weeks of free time starting imminently (in which case, I envy you), you likely can’t sit down and watch all of it. So here’s a few must-watch storylines to dive in for….

(17) ANOTHER BUYING OPPORTUNITY. From Mental Floss we learn: “An Original Doctor Who TARDIS Is Hitting the Auction Block”.

If you’ve ever wondered if there’s really something to this whole “dimensional transcendentalism” thing, a.k.a. the explanation given as to why Doctor Who’s TARDIS is so tiny on the outside but enormous on the inside, now’s your chance to find out for yourself. A TARDIS created for Peter Cushing for the 1965 film Dr. Who and the Daleks is getting ready to hit the auction block at Ewbank’s as part of its “Entertainment & Memorabilia” auction, which kicks off on May 31.

(18) DIVIDENDS. Absolutely true.

(19) INSTANT CLASSIC. Applause for Matthew Johnson’s latest filk in comments:

Also, for the Nick Lowe/Johnny Cash fans among us:

The beast of squees
Obsessed with old, forgotten Bonds
And whichever one you like
Is one of which he isn’t fond
God help the beast of squees

The beast of squees
Knows more than you on Doctor Who
Which host was better on Blue’s Clues
And in the twinkling of an eye
Might declare a Mary Sue
God help the beast of squees

Sometimes he tries to kid me
That he’s just a normal fan
Or even that he’s run right out of things to pan
I feel pity when I can
For the beast of squees

That everybody knows
They’ve seen him out in fannish clothes
Patently unclear
If it’s A New Hope or New Year
God help
The beast of squees

[Thanks to Mike Kennedy, John King Tarpinian, JJ, Rich Lynch, Cat Eldridge, Bill, Chip Hitchcock, Martin Morse Wooster, Carl Slaughter, James Davis Nicoll, Matthew Kressel, and Andrew Porter for some of these stories. Title credit goes to File 770 contributing editor of the day Soon Lee.]

ComicMix Whittles Away Another Leg of Star Trek/Seuss Mashup Lawsuit


Could the day be coming when Dr. Seuss Enterprises doesn’t have a leg left to stand on? In November 2016, during a Kickstarter campaign to fund Oh, The Places You’ll Boldly Go!, featuring the writing of David Gerrold, the art of Ty Templeton, and the editorial skills of ComicMix’s Glenn Hauman, Dr. Seuss Enterprises (DSE) filed suit for damages claiming the project infringed their copyright and trademark on Dr. Seuss’ Oh the Places You’ll Go! A new ruling has disposed of the trademark claims.

Although ComicMix suffered a setback in December 2017 when the federal Judge Janis L. Sammartino allowed both the copyright and trademark claims to go forward, on May 21, she applied a recent Ninth Circuit Court of Appeals precedent and granted ComicMix’s motion for judgment on the trademark issues. Only the copyright claims remain to be litigated.

The Hollywood Reporter article “‘Star Trek’/Dr. Seuss Mashup Creator Beats Trademark Claims” briefed the reasons for ComicMix’s latest victory.

At the time, ComicMix also argued that its work merited First Amendment protection under a test established in Rogers v Grimaldi, a 1989 decision that resulted from a lawsuit brought by the actress Ginger Rogers over the Fellini film Ginger and Fred. The test directs judges to examine whether use of a mark has artistic relevance, and if so, whether the work is explicitly misleading. Although ComicMix’s Boldly appeared to Sammartino to meet the criteria for protection, the judge highlighted a footnote in the Rogers decision that provided an exception for “misleading titles that are confusingly similar to other titles.”

…And but, something happened while all this was going down.

Fox Television was caught up in a fight over the title of Empire, its hit show about a feuding music-industry family.  Empire Distribution — a record label and publishing company that has worked with such hip-hop artists as T.I., Snoop Dogg and Kendrick Lamar — had brought its own trademark claims, but Fox prevailed, thanks to the Rogers test. This case went all the way up to the 9th Circuit Court of Appeals, which affirmed Fox’s win.

Soon after Dr. Seuss Enterprises scored its victory in December, ComicMix pointed to the Empire case as having disavowed the Rogers footnote that had created an opening for trademark claims over titles.

Sammartino agrees, writing that the 9th Circuit “applies the Rogers test rather than the likelihood-of-confusion test” and that the 9th Circuit states “that the [Rogers] footnote had only ever been cited once by an appellate court, and even then the Second Circuit had rejected its applicability.”

The parties are now scheduling witness depositions and preparing for the next round of litigation.

Connor Cochran Bankruptcy Update

U.S. Bankruptcy Court has granted the trustee’s motion to convert the Avicenna and Conlan Press bankruptcies from Chapter 11 to Chapter 7, a liquidating bankruptcy. The orders were entered April 30.

Peter S. Beagle sued his former manager Connor Cochran in 2015 for $52 million in damages, disgorgement of illegal gains and restitution, and dissolution of two corporations he co-owns with Cochran, Avicenna Development Corporation, and Conlan Press, Inc. Cochran and his companies filed Chapter 11 bankruptcy on January 4, one day before trial was scheduled to begin in Beagle’s lawsuit against them.

Whether liquidating the corporations’ assets will financially benefit anyone is a question. Several of Cochran’s creditors allege he has converted their assets to his personal use.

However, as reported here in March, the court lifted the automatic stay that took effect when Cochran filed bankruptcy, and allowing Beagle to proceed in California state court against Cochran, Avicenna Development Corporation, and Conlan Press, Inc. and obtain a final judgment.

Then, in April, the court also lifted the stay for Sandbox LLC and Justin Bunnell, investors in The Last Unicorn Tour, allowing them to proceed with state litigation against Avicenna Corporation.

And last month Patrick Lake filed with U.S. Bankruptcy court a “Complaint To Determine Dischargeability of Debt and Related Declaratory Relief” which allowed him to publicly rehearse the grounds for his defamation suit against Cochran. Over the course of several years, Cochran issued updates about his efforts to identify the anonymous source of some allegedly libelous blog posts and tweets, a person he ultimately claimed was Bay Area resident Patrick Lake.

Lake’s statement to the court (see the link below) argues:

…The true facts were that Plaintiff had not forged a contract with Plaintiff; that he does not engage in an “ongoing pattern of deception” in his attorney-client relationships or in his other business relationships; he is not a “stalker” nor “crazed” i.e., mentally unstable, mentally incompetent, or insane; and he was not fired from his employment as an art instructor when he left that employment over five years ago.

…As a proximate result of the defamatory statements of Defendant, Plaintiff has been harmed in that he has suffered past and future loss of income, as well as shame, mortification, emotional distress, public opprobrium, and humiliation, as well as attorneys’ fees incurred to attempt to correct the misleading and false statements of Defendant that have been repeated by others relying on Defendant’s widely published false and defamatory statements. Said damages are in an amount subject to proof at trial.

Lake’s attorney seeks a court ruling that Cochran’s debts to his client are nondischargeable in Cochran’s Chapter 11 proceeding.

Ed Kramer Fights “Sexually Dangerous Predator” Label

Last December the state of Georgia’s Sexual Offender Registration Review Board (SORRB) designated Dragon Con co-founder Ed Kramer a “sexually dangerous predator,” the ranking with the highest perceived risk for recidivism. Georgia law requires “SDPs” to be monitored by GPS for the rest of their lives. Kramer’s attorney has filed a motion contesting the decision.

Kramer pleaded to three counts of child molestation in 2013 as trial was set to begin in Gwinnett County, entering an Alford-type plea as provided under Georgia case law in which he agreed to the conviction even though he still claimed innocence. Kramer agreed to pay damages to the victims and was sentenced to serve a term of confinement at home.

Kramer’s term of house arrest ended within the last year and the ankle monitor he was ordered to wear was removed. However, with the SDP designation, he will have to resume wearing an electronic monitoring system for the rest of his life.

Georgia’s SORRB is required by state law to determine the risk level of sex offenders convicted in the state and places them into one of three categories: Level 1, which indicates a low risk for recidivism; Level 2, which indicates an intermediate risk of recidivism; or Level 3, sexually dangerous predator, which indicates a person’s high probability of reoffending.

Kramer’s lawyer Stephen Reba, in the petition filed January 16, said state law and due process were violated by the SORRB due to the failure of a Gwinnett prosecutor who sits on the Sexual Offender Review Board to recuse himself, because his office was disqualified from Kramer’s pending habeas action.

In 2014, months after entering his Alford plea, Kramer filed a habeas action  arguing that Gwinnett District Attorney Danny Porter improperly influenced the trial judge. Since that made Porter and his office witnesses, the petition said his office was disqualified from involvement in the habeas case, and the office of the state attorney general entered as counsel for the respondent.

The Daily Report Online quoted Kramer’s attorney:

Reba said it appeared clear that having Vandever sit on the panel deciding Kramer’s risk assessment is a constitutional violation.

“Whether it violates [the law’s] statutory authority—we’ll see, but I think the due process violations would be the relevant controlling law,” said Reba. “We have a case where a member of this board is making this decision when they’ve been disqualified from the underlying case.”

(Incidentally, all the Gwinnett County judges recused themselves from the habeas action, which is now assigned to Piedmont Circuit Senior Superior Court Judge Robert Adams and remains pending.)

Kramer’s status as a Sexually Dangerous Predator remains unchanged at this time. In fact, the Gwinnett County Sheriff’s Office added Kramer’s photo to its Facebook album “Sexually Dangerous Predators in Gwinnett” on May 7.

Kramer hasn’t been affiliated with Dragon Con since his partners bought him out in 2013.

Del Arroz Files Suit Against Worldcon 76

Jon Del Arroz filed suit on April 16 against the 2018 Worldcon and other defendants in San Joaquin Superior Court asking damages for claimed violations of his civil rights under California’s Unruh act, and for defamation.

The named defendants are:

San Francisco Science Fiction Conventions, Inc., aka Worldcon 76, David W. Gallagher (2019), President; David W. Clark (2020), Vice President; Lisa Deutsch Harrigan (2020), Treasurer; Kevin Standlee (2018), Sceretary; Sandra Childress (2019); Bruce Farr (2018), Chair; 2018 SMOF Con Committee; Cheryl Morgan (2020); Kevin Roche (2018), Chair; 2018 Worldcon (Worldcon 76) Committee; Cindy Scott (2018); Randy Smith (2019), Chair; New Zealand 2020 Worldcon Agent Committee; Lori Buschbaum; Susie Rodriguez and DOES 1 through 30, inclusive.

Del Arroz is represented by attorney Peter Sean Bradley.

The first 23 paragraphs of the Complaint lay out the history of Del Arroz’ banning by Worldcon 76 from his point of view, and allegations that he was banned because he is a Republican and Trump supporter.

Several of the causes of action quote from Worldcon 76’s announcement banning Del Arroz from the con, which said in part:

We have taken this step because he has made it clear that he fully intends to break our code of conduct. Worldcon 76 strives to be an inclusive place in fandom, as difficult as that can be, and racist and bullying behavior is not acceptable at our Worldcon. This expulsion is one step toward eliminating such behavior and was not taken lightly….

Repeated reference is also made to the committee’s email telling him he would not be allowed to attend, sent by Lori Buschbaum, the Incident Response Team area head. It is quoted in the Complaint as saying:

Jonathan, At this time we are converting your membership to Worldcon 76 to a supporting membership as you will not be permitted to attend the convention. On your personal blog you have made it clear that you are both expecting and planning on engendering a hostile environment which we do not allow, If you are found on the premises of the convention center or any of the official convention hotels you will be removed, Your payment of $50 covers the cost of your supporting membership in its entirety, and you have no balance owing. As a supporting member your nomination and voting rights for the Hugo Awards and site selection are maintained. If you prefer a full refund that can be arranged.

The Complaint outlines five causes of action, and in most cases leaves the requested damages to be determined at trial.

First cause of action: Violation of Civil Code Section 51 (Unruh Act)

28. …Under the Unruh Act, a business establishment may not discriminate against any person based on a personal characteristic representing a trait, condition, decision, or choice fundamental to that person’s identity, beliefs and self-definition as that factor has been applied in previous cases. …The protection of the Unrush Act extends to political affiliation….

30. Mr. Del Arroz was discriminated against in violation of the Unruh Act in that he has been banned from attending Worldcon 76 based upon his political affiliation and political beliefs….

Del Arroz claims lost sales and emotional distress as a result.

Second cause of action: Violation of Civil Code Section 51.5

This is a law against various forms of discrimination on account of characteristics such as “political affiliation.”

The Complaint says:

39. WorldCon 76 is a business establishment in that it holds itself out as open to the public without restriction and is using public facilities and engaging in public commcerce.

40. SFSF discriminated against, boycotted or blacklisted, or refused to contract with or sell to Mr. Del Arroz by refusing to sell him an attending membership because of his political affiliation and political beliefs. Plaintiff is informed and believes that the other named Defendants aided or incited this unlawful conduct.

Third cause of action: Violation of Civil Code Section 51.7

The Complaint alleges violations of the law’s protection against “violence, or intimidation by threat of violence” because of a political affiliation (or other arbitrary discrimination).

The Complaint says:

49. On Tuesday, January 2, 2018 at 5:01 p.m., Mr. Del Arroz received an email from Lori Buschbaum, who identified herself as the “Incident Response Team area head” for Worldcon 76 which stated in relevant part: “If you are found on the premises of the convention center or any of the official convention hotels you will be removed.” This statement constituted intimidation by threat of violence against Mr. Del Arroz because of his political affiliatuion in that Defendants and each of them threatened to have Mr. Del Arroz forced [sic] physically removed against his consent and acquiescence from locations he had a right to be in such as the lobby of a hotel. This threat was understood by Mr. Del Arroz to include violence in that Mr. Del Arroz had advised SFSFC of his concern about physical violence at WorldCon 76 and Mr. Arroz [sic] had been threatened with violence by members of SFSFC and individuals who had said they would be attending WorldCon 76 on social media maintained by SFSFC. At no time had SFSFC advised Mr. Del Arroz that he would be safe at WorldCon 76 and at no time did SFSFC make any effort to stop anyone from expressing a violent animus against Mr. Del Arroz on its social media sites.

Fourth cause of action Violation of Civil Code Section 52.1

After repeating verbatim paragraph 49 above, the Complaint alleges –

59. Mr. Del Arroz was threatened by SFSFC and Lori Buschbaum. Plaintiff is informed and believes that the remaining named Defendants aided or incited this conduct…. Individual Defendants and Does 1 through 30 aided, incited, authorized, ratified or conspired in the said discrimination, blacklisting, boycotting, and refusal to sell or contract with Mr. Arroz [sic] with respect to his purchase of an attending membership.

Fifth cause of action: Defamation.

Citing the January 2 email quoted above the Complaint alleges —

66. …Worldcon 76 never explained to him that anything he planned on doing would constitute a violation of any code of conduct. Mr. Del Arroz is informed and believes and thereon alleges that there is no such code of conduct. Further, Mr. Del Arroz is not a racist. Mr. Del Arroz has often made a point of condemning racism and proudly identifying his Hispanic heritage. Likewise, Mr. Del Arroz is not a bully. The statement that Mr. Del Arroz is a racist bully is false and SFSFC and its representatives knew t was false or made the statement with reckless disregard for the truth or falsity of the charge and with a malicious intent to injure Mr. Del Arroz or his reputation….

Financial damage is also claimed, likewise emotional distress. The Complaint also claims that the defendants —

were aware that they were threatening Mr. Del Arroz with physical violence in order to prevent him from exercising his important civil rights including the right of association and the right to use public property and the right to free and equal treatment by business establishments.

Del Arroz also wants court costs and attorney fees.

Below are copies of the documents filed with the court. The Complaint contains all the allegations and support,. The judge has scheduled the initial case management conference for October 15.

Update 04/16/18: Corrected the info under the Fourth Cause of Action.

Bankruptcy Court Allows Beagle To Resume Cochran Lawsuit

Peter Beagle can resume litigation against former manager Connor Cochran and related corporations under a motion granted by U.S. Bankruptcy Court on March 23. The federal court order has lifted the automatic stay that took effect when Connor Cochran and his companies filed Chapter 11 bankruptcy on January 4, one day before trial was scheduled to begin in Peter S. Beagle’s lawsuit against them.

The order allows Beagle to proceed in California state court against Cochran, Avicenna Development Corporation, and Conlan Press, Inc. and obtain a final judgment.

Beagle sued Cochran in 2015 for $52 million in damages, disgorgement of illegal gains and restitution, and dissolution of two corporations he co-owns with Cochran, Avicenna Development Corporation, and Conlan Press, Inc.

The Bankruptcy court order says any judgments obtained in state court may only be executed with its permission. The order also frees Justin Bunnell and Sandbox LLC, a California partnership, to intervene in the Beagle/Cochran state action and pursue its claims for $300,000 invested in The Last Unicorn screening tour launched in 2013.

[Thanks to ULTRAGOTHA for the story.]

Pixel Scroll 3/24/18 It Would Be The Last Pixel In The World That Scrolled By Molly Grue

(1) START AN INVESTIGATION. “Why the Hell Are These Books Out of Print?” demands James Davis Nicoll in a post at Tor.com. Here are a few of his examples:

Chester Anderson’s 1967 The Butterfly Kid is the first volume in the Greenwich Trilogy. It is without a doubt the finest SF novel in which a collection of futuristic hippies band together to save the world from drugs, blue space lobsters, and the nefarious Laszlo Scott. Anderson and his friend Michael Kurland feature as protagonists. It’s a delightful, light-hearted romp—although apparently not delightful enough, because it has been out of print for decades. The Butterfly Kid was followed in 1969 by Michael Kurland’s The Unicorn Girl and in 1970 by T. A. Waters’ The Probability Pad, both of which are in print.

(2) JOHN TRIMBLE HEART SURGERY. The Trimbles announced on Facebook:

John is getting heart surgery this coming Monday, and the doctor doesn’t want him to do anything strenuous for several months. So a very busy 2018 is going to be seriously curtailed. As for the cruise, we took out insurance, so didn’t lose all the money paid for it. If things go well, we will go next Spring.

John is in good health; in fact the doctor said he was as healthy as the average 60-year-old. The operation is a bit sudden, but when John’s heart checked out to be in the process of clogging, the doctor said he’d as soon operate before doing it during a cardiac arrest. Good thinking!

Good wishes are all John needs. Don’t send flowers, please. But if so moved, please make a donation to the Heart Fund. Any Heart Fund. Research helped to find John’s problem. We’d like to know that others can be helped, too.

(3) NOT READY FOR MORE LIKE THIS. Edmonton’s Hugo Award Book Club blog takes an iconoclastic look at Ready Player One in “Tomorrow isn’t about yesterday”, criticizing what they believe is nostalgia’s undermining effect on science fiction.

There is a subtle – but significant – difference between genuine appreciation for works from those who wrote before us and an ugly, toxic nostalgia that displaces the creation and appreciation of new works.

Which brings us to Ready Player One, a book that has become emblematic of the notion that the works of the past are somehow superior to those of the present or perhaps even the future.

… [I] will be forever grateful that Hugo voters did not include it on the ballot in 2012, despite the massive hype it received when published.

(4) WHAT’S THAT SMELL? Whatever you think about the games, this movie based on a famous old game sucked. The Guardian remembers: “‘The stench of it stays with everybody’: inside the Super Mario Bros movie”.

“We’re in the bedroom of King Koopa’s skyscraper; it’s a big set,” recalls actor and co-star Richard Edson. “Dennis [Hopper] comes in and he’s looking pissed off. He’s mumbling to himself, he won’t look at anyone. So the directors ask, ‘What’s up Dennis?’”

Something was about to go horribly wrong.

The incendiary actor-director, who had unapologetically told everyone he had taken the role for money alone, stood amid the grandeur of his character’s penthouse suite and exploded. “He just starts screaming at Annabel and Rocky,” recalls Edson. “He’s telling them they’re completely unprofessional, that he’s never seen anything like this. Rocky says ‘Dennis, what is it?’ And he yells: ‘You rewrote my lines! You call this writing? This is shit! It’s shit! And the fact you’d do it without asking me?’ He went on and on. He couldn’t control himself.

“This went on for 45 minutes. The producers were looking at their watches, Rocky and Annabel were looking at each other, like, what the fuck can we do? The actors were like, oh my God, this is amazing, this is better than the movie. Finally, they say: let’s go to lunch – but lunch turns out to be another two hours of Dennis screaming at the directors and producers about the state of movie making. Meanwhile, there are 300 extras waiting for the next scene. Rocky and Annabel start begging him – they’re like, Dennis, please tell us what you want, we’ll do anything.

“But he wasn’t through yelling at them. People were knocking at the door, producers were going out trying to tell people what the fuck was going on. Finally, Rocky and Annabel said, ‘Look, you rewrite the scene, or we’ll go back to the original, whatever you want.’ And finally he goes: ‘OK, we’ll do the scene the way it’s written now.’ Everyone sighs, we go back three and a half hours after it was meant to be done, we do the scene exactly the way it was written when he started.”

(5) THE CASE FOR CASH. Whether these creators’ games look to the past or future, they look like money says the BBC: “How video games turn teenagers into millionaires”.

Alex Balfanz is an 18-year-old student at Duke University in North Carolina. Every day he has lectures or seminars, followed by assignments. Like many students his age, he devotes a couple of hours per day, and many more at weekends, to video games.

But he’s not just playing them – he’s making them. And making a lot of money doing it.

“In the 10 months that Jailbreak has been released, it has already yielded seven figure profits,” Balfanz says of his cops-and-robbers adventure game released last year. A few weeks ago, it was played for the billionth time.

Balfanz is just one of thousands of young gaming entrepreneurs in their teens or twenties making money in an industry that made $36 billion last year.

(6) ENDANGERED SPECIES. Nobody was more shocked than the dino: “T-Rex goes up in flames at Colorado dinosaur park”.

The owners of a dinosaur theme park in Colorado said an “electrical issue” was behind the demise of a life-sized animatronic T-Rex.

Zach and Carman Reynolds, owners of the Royal Gorge Dinosaur Experience in Canon City, said in a Facebook post that the Tyrannosaurus Rex statue went “extinct” Thursday.

Mike Kennedy joked, “Are the humans fighting back against the coming robot revolution? But the dino park owners say they plan to replace the bot, so the resistance may need to strike again.”

(7) DOG STAR. NPR’s Chris Klimek says Wes Anderson’s Isle Of Dogs takes Best in Show: “The Fast And The Furry Us: Wes Anderson’s Masterful ‘Isle Of Dogs'”.

You have an opinion, probably, on which of the two most common species of household pet you deem superior — and an opinion, possibly, on the fastidious filmography of Wes Anderson. But this much, at least, is fact: Nobody ever made a good movie about the nobility of cats.

Not even Anderson, who certainly seems like he might be a cat person, with his velvet-and-tweed blazers and his indoor scarves and his arched-eyebrow worldview. But no one will question his right-thinking canine-supremacy bone-a-fides after Isle of Dogs. (Go on, say the title out loud.) His dizzying new stop-motion epic is so visually rich, so narratively ambitious and so openhearted in its admiration for Japanese culture and the unshakable loyalty of doggos that it’ll likely roll right over the familiar cries that Anderson is too fussy or whatnot like a Corgi rolling over for a belly rub.

(8) ROTHFUSS AT WONDERCON. Comics Beat is covering a bunch of panels at this weekend’s WonderCon, such as “WonderCon ’18: Patrick Rothfuss Speaks of ‘What If’ at ‘Gather ‘Round the Campfire: Telling Tales'”.

Novels like J.R.R. Tolkien’s The Hobbit and Neil Gaiman’s American Gods are all considered literary masterpieces, but fantasy novels didn’t always get the recognition they do today. Even still there are those who see fantasy as pale comparisons to the likes of Hemingway, Buck, and Steinbeck. If this is the case, why do authors still choose to write in the fantasy genre?

At this year’s WonderCon, this question and others were heavily discussed at the “Gather ‘Round the Campfire: Telling Tales” panel. In attendance were authors Jenna Rhodes, Tina LeCount Myers, R.A. Salvatore, and WonderCon guest of honor Patrick Rothfuss.

(9) TODAY’S BIRTHDAY BOY

  • Born March 24, 1930 — Steve “The Blob” McQueen

(10) NICE BEANIE. John Scalzi gets more fannish all the time.

(11) CATS AND BOOKS. This image reportedly has gone viral even though the cat is wide awake!

Cats Are Seriously Unimpressed At Being Awakened From Their Nap To Pose Next To Related Works

(12) YOUR NEXT PARTY. Who wouldn’t like this?

(13) THE SCORE. Steve Vertlieb hopes you’ll read his post about the composer for “Max And Me”:

Composer Mark McKenzie has written a superb score for the upcoming animated Mexican film production of “Max And Me”, concerning the life and martyred death of Franciscan priest Maximillian Kolbe, who gave his life so that others may live, in the Auschwitz concentration camp.  Here is my critique of this brilliant original motion picture score.

A note from composer Mark McKenzie regarding the release of his newest, most powerful film score…

One hundred thirty-five of London’s finest musicians gathered at Abbey Road Studios to record MAX AND ME including one of the most expressive solo artists of our generation, concert violinist Joshua Bell. Polish priest Maximillian Kolbe, tortured at Auschwitz asked those around him to not be overcome with hatred but to love for “Only love is creative.” His compassion lead him to sacrificially die in Auschwitz’s starvation bunker to help a man with children survive. The film makers, musicians and I hope this message of hope, love, and beauty amidst great darkness will be enjoyed by many and spread widely. A portion of each sale goes to the Shoah Foundation, Word Vision and Catholic Relief Services.

(14) BACK TO THE PAST. Even when there’s not a Mercury launch, science is smokin’ in 1962 says Galactic Journey: “[March 24, 1963] Bumper Crop (A bounty of exciting space results)”.

February and March have been virtually barren of space shots, and if Gordo Cooper’s Mercury flight gets postponed into May, April will be more of the same.  It’s a terrible week to be a reporter on the space beat, right?

Wrong!

I’ve said it before and I’ll say it again.  Rocket launches may make for good television, what with the fire, the smoke, and the stately ascent of an overgrown pencil into orbit…but the real excitement lies in the scientific results.  And this month has seen a tremendous harvest, expanding our knowledge of the heavens to new (pardon the pun) heights.  Enjoy this suite of stories, and tell me if I’m not right…

(15) THE COURTS BE WITH YOU. Lucasfilm’s legion of lawyers couldn’t win this one: “Star Wars firm Lucasfilm must pay ‘failed’ Darth Vader film damages”.

A film-maker who sued Stars Wars producers Lucasfilm for blocking plans to make a film about Darth Vader has won almost £39,500 in damages.

Marc John, 46, of Buckinghamshire, claimed he was stopped from beaming a live interview with actor David Prowse to 1,200 cinemas.

He claims the film would have made about £3m, with his share worth £1.35m.

A High Court judge ruled Mr John could have made the film but for Lucasfilm’s interference.

Mr John, of Thornley Close, Aylesbury, claimed the Darth Vader interview and other scenes from the “For the Love of the Force” Star Wars convention in Manchester would have netted him a seven-figure sum.

It would have been broadcast in December 2015, just prior to the release of Star Wars: The Force Awakens, when anticipation and hype for the franchise was “sky high”, his legal team said.

(16) PRE-INTERNET ANTIQUE. Motherboard spreads the word that “You Can Now Play the First LGBTQ Computer Game, For the First Time”.

Caper in the Castro is a legendary video game, not because legions of die-hard fans continue to play it, but because it was thought to be lost forever. Now, what is largely considered to be the first LGBTQ-focused video game (it was released in 1989) is on the Internet Archive for anybody to play.

The game is a noir point-and-click that puts the player in the (gum)shoes of a private detective named Tracker McDyke who is, in case you couldn’t guess by the name, a lesbian. McDyke must unravel the mystery behind the disappearance of Tessy LaFemme, a transgender woman, in San Francisco’s Castro district, an historically gay neighbourhood.

Caper in the Castro was coded by a developer who goes by CM Ralph and spread through early message board systems, known as BBS boards. The game was originally released as “CharityWare,” and came with a short message from Ralph asking the player to donate to an AIDS charity. Since those early days, though, the game was thought to be lost and unpreserved for future generations to enjoy or appreciate. Until now.

(17) BOUNCEHENGE. This 2012 item is still news to me! “English Artist Creates Life-Sized Stonehenge Bounce House”

Stonehenge is one of the most famous monuments in the world, but if you go to visit it you have to enjoy it from a distance. In order to protect the historical site, tourists must stick to a path that surrounds the stones and can’t actually walk among them. Recently, the Turner Prize winning artist, Jeremy Deller, created a monument of his own that visitors are more than welcome to walk through; in fact, visitors to this version of Stonehenge are encouraged to jump and flail about to their hearts content. There’s no need to worry about damaging this Stonehenge, for as visitors will quickly find out as they approach the structure, it is actually a bounce house.

 

[Thanks to Chip Hitchcock, ULTRAGOTHA, Martin Morse Wooster, JJ, John King Tarpinian, Mark Hepworth, Mike Kennedy, Carl Slaughter, Cat Eldridge, Olav Rokne, Steve Vertlieb, and Andrew Porter for some of these stories. Title credit goes to File 770 contributing editor of the day Rob Barrett.]